VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01449
Package ID: USCOURTS-cofc-1_15-vv-01449
Petitioner: Ruth Major
Filed: 2015-12-02
Decided: 2016-09-22
Vaccine: influenza
Vaccination date: 2015-01-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71000

AI-assisted case summary:
Ruth Major filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2015, alleging that an influenza vaccine administered on January 4, 2015, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 8, 2016, conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine received on January 4, 2015. The respondent further agreed that the petitioner met the statutory requirements for entitlement to compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 12, 2016, finding the petitioner entitled to compensation. Subsequently, on April 12, 2016, the parties submitted a proffer for the award of compensation. The respondent's Rule 4(c) report and proffer indicated that the petitioner should be awarded $71,000.00 and that the petitioner agreed with this proffered award. Chief Special Master Dorsey issued a decision on September 22, 2016, awarding Ruth Major a lump sum payment of $71,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. The public decision does not describe the petitioner's specific onset, symptoms, medical tests, treatments, or any named experts. The attorneys involved were Carol L. Gallagher for the petitioner and Ann Donohue Martin for the respondent.

Theory of causation field:
Petitioner Ruth Major alleged that an influenza vaccine administered on January 4, 2015, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine, and that petitioner met the statutory requirements for entitlement. The case proceeded based on this concession. The public text does not name specific medical experts or describe the mechanism of injury beyond the general category of SIRVA, which is listed under the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey ruled on entitlement on April 12, 2016, and issued a decision awarding damages on September 22, 2016. Petitioner was awarded a lump sum of $71,000.00. Attorneys for the petitioner were Carol L. Gallagher, and for the respondent, Ann Donohue Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01449-0
Date issued/filed: 2016-05-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2016) regarding 13 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-01449-UNJ Document 24 Filed 05/24/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1449V
Filed: April 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RUTH MAJOR, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Linwood, NJ, attorney for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 1, 2015, Ruth Major (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 (the “Vaccine Act”). Petitioner alleges that as a result of an influenza (“flu”)
vaccine administered to her on January 4, 2015, she suffered a shoulder injury related
to vaccine administration (“SIRVA”). Petition at 2. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 8, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that petitioner’s “alleged injury is consistent with
shoulder injury related to vaccine administration (“SIRVA”), and that it was caused in
fact by the flu vaccine she received on January 4, 2015.” Id. at 2. Respondent further
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01449-UNJ Document 24 Filed 05/24/16 Page 2 of 2
agrees that petitioner has met the statutory requirements for entitlement to
compensation. Id. at 3.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01449-2
Date issued/filed: 2016-09-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/12/2016) regarding 14 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01449-UNJ Document 26 Filed 09/22/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1449V
Filed: April 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RUTH MAJOR, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Linwood, NJ, attorney for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 2, 2015, Ruth Major (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 (the “Vaccine Act”). Petitioner alleges that as a result of an influenza (“flu”)
vaccine administered to her on January 4, 2015, she suffered a shoulder injury related
to vaccine administration (“SIRVA”). Petition at 2. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 12, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. In her Rule 4(c) report filed on April 8, 2016, respondent included a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$71,000.00. Respondent’s Rule 4(c) Report and Proffer at 3. In the Rule 4(c)
report/Proffer, respondent represented that petitioner agrees with the proffered award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01449-UNJ Document 26 Filed 09/22/16 Page 2 of 2
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Rule 4(c) report/Proffer.
Pursuant to the terms stated in the Rule 4(c) report/Proffer, the undersigned
awards petitioner a lump sum payment of $71,000.00, in the form of a check
payable to petitioner, Ruth Major. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2